The 6th Circuit Court of Appeals [official website] on Friday ruled against [opinion] Ohio Attorney General Mike DeWine [official website] in his state’s challenge to the certain tax aspects of the Affordable Care Act (ACA). The lawsuit, brought on behalf of several state subdivisions, alleged that the federal government tax on health insurance providers and certain self-insuring employers encroached on the states’ independence in violation of the 10th Amendment. The parties included such state universities as Youngstown State and Akron [official websites], and demanded repayment to the state of all taxes applied against such entities. The 6th Circuit affirmed the district court’s finding “that the Program applies to state and local government employers just as it applies to private employers, and that the Program as applied to Ohio does not violate the Tenth Amendment.”

Trump promised to repeal the ACA while on the campaign trail, and made his first efforts [JURIST report] to do so immediately after being sworn into office. The Senate had prepared for the repealing of the ACA last month when it voted [JURIST report] 51-48 to prevent the process from being subject to a filibuster. Earlier this month, Professor James Hodge, Jr. discussed the possibility of repealing and replacing the ACA.